United States Tenth Circuit

Attorney's fee award for plaintiff following an award of nominal damages of one dollar in a civil rights claim under 42 U.S.C. section 1983 against defendant, a police officer, is reversed where the district court erred in failing to apply the Prison Litigation Reform Act's attorney's fee award limit of 150% of the money judgment.

Appellate Information

• Decided 01/26/2006
• Published 01/26/2006

Judges

• HARTZ, Circuit Judge., Before TACHA, Chief Judge, SEYMOUR, EBEL, KELLY, HENRY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, McCONNELL & TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jonathan H. Levy, Attorney (Barbara L. Herwig, Attorney, Peter D. Keisler, Assistant Attorney General and Eric F. Melgren, United States Attorney, with him on the briefs), Appellate Staff, Department of Justice, Washington, DC, for the Intervenor.


• For Appellees:
  
• Patrick Matthew Waters, Assistant Counsel (Kenneth J. Moore and F. Charles Dunlay, Assistant Counsel, with him on the briefs), Unified Government of Wyandotte County/Kansas City Kansas Legal Department, Kansas City, KS, for the Defendant-Appellant., Larry J. Leatherman, Palmer, Leatherman & White, Topeka, KS, for the Plaintiff-Appellee.